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Proteção e Tratamento de Dados Pessoais

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3/13/2015 9:00 PM Demarest News

Protection and Treatment of Personal Data
 
There is still time to contribute to the public consultation for a debate over the Draft Bill for the Treatment of Personal Data for Protection of the Privacy and Dignity of Natural Persons.
 
The Draft Bill is intended to enable the citizens' control over the manner in which their personal data are used, and, as a consequence, to establish principles and rights, such as (i) express consent of the holder of the information; (ii) ostensible information on the purpose of the use of the information and period of retention; (iii) transparency for the treatment of the data; (iv) security and responsibility; (v) renewal of the consent by the holder of the information at any time, among others.
 
Only the data of natural persons are protected in the Draft Bill. In regard to the data of legal entities, they are protected by the rules protecting legal entities' equity rights (e.g., instruments for protection of trade and industrial secrets, rules to foster competition, employment contracts, etc.).
 
Areas of interest: Any natural person or legal entity that treats, collects, reproduces, uses, stores, eliminates and/or supplies personal data to third parties through totally or partially automated means.
The Draft Bill does not apply to the treatment of data performed for exclusively journalistic purposes or by a natural person for personal purposes.
 
The Draft Bill text was suggested after a prior public debate promoted during years 2010 and 2011 and the contributions to the debate over the Draft Bill may be given by accessing the Justice Ministry's site at http://participacao.mj.gov.br/dadospessoais.
 
We have been monitoring the discussions on the matter and will be pleased to clarify any doubts on the draft bill and the treatment and protection of personal data under the current rules.
 
Demarest Advogados
Data Protection Team
 
Renato Poltronieri​ rpoltronieri@demarest.com.br ​+55 11 3356-1828
Maria Helena Bragaglia​ mbragaglia@demarest.com.br ​+55 11 3356-2158
Juliana Tedesco​ jtedesco@demarest.com.br ​+55 11 3356-1957
​Marina Roversi Zago​ mzago@demarest.com.br ​+55 11 3356-1868

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